C1Part 7Procedure rules and practice directions
Family Procedure Rules and practice directions
81Practice directions relating to family proceedings
1
F1Directions may be given in accordance with Part 1 of Schedule 2 to the Constitutional Reform Act 2005 as to the practice and procedure of—
F2za
the civil division of the Court of Appeal,
zb
the High Court,
a
county courts, and
b
magistrates' courts,
in family proceedings.
2
Directions as to the practice and procedure of those courts in family proceedings F3 given otherwise than under subsection (1) may not be given without the approval of—
a
the Lord Chancellor, and
b
the Lord Chief Justice.
F42A
Directions as to the practice and procedure of any relevant court in family proceedings (whether given under subsection (1) or otherwise) may provide for any matter which, by virtue of paragraph 3 of Schedule 1 to the Civil Procedure Act 1997, may be provided for by Civil Procedure Rules.
3
The power to give directions under subsection (1) includes power—
a
b
to give directions containing different provision for different cases (including different areas), and
c
to give directions containing provision for a specific court, for specific proceedings or for a specific jurisdiction.
F74
Subsection (2)(a) does not apply to directions to the extent that they consist of guidance about any of the following—
a
the application or interpretation of the law;
b
the making of judicial decisions.
5
Subsection (2)(a) does not apply to directions to the extent that they consist of criteria for determining which judges may be allocated to hear particular categories of case; but the directions may, to that extent, be given only—
a
after consulting the Lord Chancellor, and
b
with the approval of the Lord Chief Justice.
F85
In this section—
“Civil Procedure Rules” has the same meaning as in the Civil Procedure Act 1997;
“relevant court” means a court listed in subsection (1).
Pt. 7 modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 36(4), 94(1); S.I. 2008/755, art. 15(1)(f)